The Digital Millennium Copyright Act (“DMCA”) of 1998 gives recourse to owners of copyright material who believe that their rights in accordance with U.S. copyright law have been infringed on the internet. kennedysande.co.ke and Kenyans247 LLC (“Company”) have adopted the following general policy toward copyright infringement in accordance with the DMCA:
Corte Lodto LLC takes allegations of copyright infringement very seriously. If you believe in good faith that kennedysande.co.ke is hosting material that infringes your copyright, you may submit a written notification of claimed infringement to kennedysande.co.ke ‘s designated agent listed at the end of this policy.
Specific requirements for proper notification of claimed infringement are set forth within the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- A physical or electronic signature of copyright owner or person authorized to act on behalf of the owner of the copyright that has been allegedly infringed
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address)
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent it is Company’s policy to do the following:
- Remove or disable access to the allegedly infringing material
- To notify the content provider, user or member that it has removed or disabled the material
- Repeat offenders will have the infringing material removed from the system and that Company’ will terminate said content provider’s access to the service.
Please be aware that there are substantial penalties for false claims. If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to the service provider’s designated agent. A valid counter notification is a written communication that incorporates the following elements:
- A physical or electronic signature
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
This information should not be construed as legal advice. Corte Lodato LLC advises that you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the Website of the U.S. Copyright Office at: http://www.copyright.gov/onlinesp.